4. If it is not completed by the expiry time, the application is considered withdrawn;
5. Applications that have met the minimum requirements are given a date of receipt and within a maximum of 15 working days from the date of receipt, the trademark application will enter the announcement stage in the official brand news;
6. The trademark application enters the announcement stage for 2 months, and each party can submit a written objection/opposition to the Menkumham regarding the application accompanied by reasons;
7. The reason is that the mark being applied for registration is a mark which according to the MIG Law cannot be registered or must be rejected. Within 14 working days from the date of receipt of the objection, a copy of the objection is sent to the applicant or his attorney;
8. If there are objections/oppositions, the applicant or his attorney has the right to submit a rebuttal to the objection no later than 2 months from the date of sending a copy of the objection from Menkumham.
So, do they violate the law? What do they have to do instead?
In answer to the primary question, it can be said that if a well-known mark owner registers his trademark to DJKI, the owner of the mark has the legal right to forbid and/or permit third parties to use the registered mark. So actions taken by restaurants or coffee shops that make use of a well-known mark filed without authorization or rights can be regarded as trademark violations.
Also read: Can We Sue an Influencer Who Promotes A Fraud Business in Which We Bought Something From Them?
If restaurants or coffee shops are found to be using well-known brands that have been previously registered without rights, they may face imprisonment for a maximum of 5 years and/or a fine of up to IDR 2 billion in legal repercussions. The legal owner of a registered mark may seek compensation and/or the cessation of all actions relating to the unauthorized use of the mark in addition to criminal penalties.
